Reviewed by Mazie Slater’s experienced car accident attorney [David A. Mazie – Managing Partner of Mazie Slater Katz & Freeman]

When a negligent driver causes a collision in New Jersey, victims typically expect to recover compensation through that driver’s auto insurance. But what happens when the driver who hit you has no insurance at all—or carries a policy that is far too small to cover your medical bills, lost wages, and other losses? This is a situation that thousands of New Jersey car accident victims face every year, and it is precisely where uninsured and underinsured motorist (UM/UIM) coverage becomes critical.

New Jersey law requires all auto policies to include UM/UIM coverage, yet navigating a claim against your own insurer can be just as contentious and complex as suing the at-fault driver. Insurance companies are in the business of minimizing payouts—even when the money belongs to you. At Mazie Slater Katz & Freeman, our experienced uninsured and underinsured motorist lawyers fight back against insurance companies that undervalue or deny legitimate claims, ensuring that New Jersey car accident victims receive every dollar of compensation they deserve.

Mazie Slater Katz & Freeman has some of the top-rated car accident lawyers in New Jersey, who are intimately familiar with state insurance law and the complexities of UM/UIM litigation. Our attorneys understand that filing a claim with your own insurer after an accident with an uninsured or underinsured driver can quickly become adversarial—and we are prepared to take your case all the way to trial if necessary. We accept cases on a contingency fee basis, meaning there are no fees unless we win.

Mazie Slater Katz & Freeman has built an unmatched record of success representing accident victims across New Jersey, including those harmed by uninsured and underinsured drivers. Our track record of multi-million-dollar results includes cases involving catastrophic injuries, permanent disability, and wrongful death—many of which required aggressive pursuit of UM/UIM claims when at-fault drivers lacked adequate coverage. Examples of our firm-wide success include:

These results reflect the type of relentless advocacy we bring to every UM/UIM case. When an at-fault driver’s coverage falls short, we pursue every available avenue of recovery so that our clients are not left to bear the financial burden of someone else’s negligence.

Car accident cases, including those involving uninsured and underinsured drivers, fall within the broader practice of personal injury law. Mazie Slater Katz & Freeman has been consistently recognized among the leading personal injury and car accident law firms in New Jersey and nationally. Our attorneys’ credentials include:

Our firm exclusively practices in New Jersey, giving us unmatched familiarity with state-specific insurance regulations, court procedures, and the legal standards that govern UM/UIM claims throughout the state.

The problem of uninsured and underinsured drivers on New Jersey roads is more widespread than many people realize. According to the Insurance Information Institute, from 2017 to 2023, New Jersey was among the states with the largest increases in uninsured motorist claims, with an estimated 14.1% of New Jersey drivers being uninsured.

Beyond those with no coverage at all, a far larger number of drivers carry only the state-mandated minimums, which can be quickly exhausted by the medical costs associated with a serious accident. As of 2026, New Jersey’s minimum required liability coverage is $35,000 per person and $70,000 per accident for bodily injury, with $25,000 in property damage liability. When a catastrophic injury requires surgery, hospitalization, and months of rehabilitation, these limits are often inadequate—turning a technically “insured” driver into an effectively underinsured one. If you are seriously injured by such a driver, the difference between their policy limits and your actual damages may fall on your own UM/UIM coverage to bridge.

In the context of a New Jersey car accident claim, the terms “uninsured” and “underinsured” have specific legal meanings that determine how your claim will be handled. There are several circumstances under which the at-fault driver may be classified in one of these categories:

Understanding which category applies to your situation is the first step in determining how to pursue compensation. New Jersey requires all auto insurers to offer UM/UIM coverage equal to the liability limits on your own policy, and this coverage is designed to step in precisely when the responsible driver cannot fully compensate you.

New Jersey is a no-fault insurance state, which means that your own Personal Injury Protection (PIP) coverage pays for your initial medical expenses and certain economic losses regardless of who caused the accident. However, PIP coverage has limits, and for serious injuries—defined under New Jersey law as significant disfigurement, displaced fractures, loss of a fetus, permanent injury, or death—you may have the right to step outside the no-fault system and pursue a direct claim against the at-fault driver.The type of auto policy you carry also matters. New Jersey drivers choose between a Standard Policy and a Basic Policy, and within the Standard Policy, they elect either a Limited Right to Sue or an Unlimited Right to Sue. These elections directly affect your ability to recover non-economic damages such as pain and suffering when the at-fault driver is uninsured or underinsured. An experienced UM/UIM attorney can review your policy and advise you on the precise options available to you.

Uninsured drivers are statistically more likely to engage in other high-risk behaviors on the road. Understanding the common circumstances that give rise to accidents involving these motorists can help illustrate why legal representation is so important. Common causes include:

Car accidents caused by negligent, uninsured, or underinsured drivers can produce injuries that range from moderate to catastrophic. The severity of these injuries is often compounded by the fact that victims must also fight for adequate compensation through their own insurance company while simultaneously managing their recovery. Common injuries include:

The long-term consequences of these injuries—lost income, ongoing medical care, reduced quality of life—make it essential to pursue the full compensation available under your UM/UIM policy.

Liability in UM/UIM cases is more nuanced than in a standard car accident claim because the compensation comes through multiple potential channels simultaneously.

The negligent driver who caused your accident remains personally liable for the damages they caused. While an uninsured driver may lack the financial resources to satisfy a judgment, obtaining a judgment against them may still be valuable in certain circumstances, and your attorney can advise you on whether direct pursuit of the at-fault driver makes sense in your situation.

In most New Jersey UM/UIM cases, the primary source of recovery is your own auto insurance policy. Once you exhaust the at-fault driver’s coverage (or establish that they have none), your UM/UIM coverage is triggered. At that point, your insurer assumes a position that is, in practical terms, adversarial to your interests—it is now evaluating the claim as if it were defending the at-fault driver, with the goal of minimizing what it pays out. Insurance companies have a legal duty to resolve claims promptly and fairly, and when they fail to do so, our UIM attorneys will take aggressive action.

In some cases, additional parties may share liability for the accident. If an uninsured driver was operating a commercial vehicle, their employer may be liable. If another party’s negligence contributed to the crash—such as a government entity responsible for a defective road—that party may also be pursued. Our underinsured accident attorneys conduct thorough investigations to identify every available avenue of recovery.

When your insurance company fails to offer fair compensation, New Jersey law provides a process for resolving the dispute. At Mazie Slater, our UM/UIM lawyers will first attempt negotiation with the insurer. If that does not yield an appropriate result, we are fully prepared to proceed to formal arbitration or, where applicable, to file suit and take the matter to trial. Our willingness to litigate aggressively—and our record of obtaining substantial verdicts—gives us significant leverage in negotiations.

Victims of accidents involving uninsured or underinsured drivers in New Jersey may be entitled to compensation across two broad categories of damages. The specific amounts available will depend on the nature and severity of your injuries, the terms of your own UM/UIM policy, and the circumstances of the accident.

Economic damages are the quantifiable financial losses that result directly from your injuries. These include all past and future medical expenses, such as emergency room care, hospitalization, surgery, physical therapy, medication, and long-term rehabilitation or home health care. Economic damages also encompass lost wages for time missed from work during recovery, as well as diminished earning capacity if your injuries prevent you from returning to your prior occupation or level of employment. Property damage to your vehicle is also recoverable under economic damages, as are out-of-pocket expenses incurred as a direct result of the accident.

Non-economic damages compensate accident victims for losses that are real but harder to quantify. These include physical pain and suffering caused by your injuries, both past and future; emotional distress and psychological harm, including anxiety, depression, and PTSD; loss of enjoyment of life when your injuries prevent you from engaging in activities you previously enjoyed; and loss of consortium for a spouse or family members whose relationship with you has been affected by your injuries. In cases involving particularly egregious conduct—such as a drunk driver with no insurance—punitive damages may also be available in addition to compensatory damages.

As aggressive New Jersey uninsured car accident lawyers, we have extensive experience handling accidents in New Jersey where the driver of the other vehicle is uninsured or does not have enough insurance to cover personal injuries or wrongful death of our client.

New Jersey has extremely busy roadways, especially in places like Atlantic City, Newark and Jersey City. Our UIM lawyers have helped clients throughout the state receive UIM settlements for medical bills, property damage and more.

If you or a loved one were involved in a car accident with an underinsured or uninsured motorist, contact the New Jersey uninsured driver and underinsured accident lawyers at Mazie Slater Katz & Freeman. We’ll reply as soon as possible to discuss your uninsured motorist lawsuit.